Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V.

Av. Antonio Dovalí Jaime No. 70, Torre B, Piso 13, Colonia Zedec Santa Fe, C.P. 01210, México, D.F. 1105-2300

Mexico, D.F., April 5th, 2013

Assistant General Counsel for Aviation Enforcement and Proceedings (C-70)

U.S. Department of Transportation

1200 New Jersey Avenue, SE, Room W96-322

Washington, DC 20590

Atn: Mr. Livaughn Chapman, Jr.

Chief, Aviation Civil Rights Compliance Branch

And Docket DOT-OST-2008-0273

APPLICATION OF CONCESIONARIA VUELA COMPAÑÍA DE AVIACIÓN, S.A.P.I. DE C.V.

(d/b/a Volaris).FOR AN EQUIVALENT ALTERNATIVE DETERMINATION FROM 14 C.F.R. §§

382.67 AND 382.123 PURSUANT TO 14 C.F.R. § 382.10

Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. d/b/a Volaris (“Volaris”), a

Mexican air carrier dully authorized to provide air transportation services from the United

Mexican States to the United States of America and back, with address in Antonio Dovalí

Jaime 70 torre B piso 13, Colonia Zedec Santa Fe, Delegación Álvaro Obregón, Código Postal

01210, México Distrito Federal, by this letter offers an equivalent alternative procedure of

compliance with Title 14 of the Code of Federal Regulations (the CFR) §382.67 and 382.123

with respect to Volaris’ A320 aircraft.

Volaris respectfully applies, pursuant to 14 C.F.R. § 382.10 for an equivalent alternative

determination (“EAD”) regarding compliance with 14 C.F.R. § 382.67 (priority cabin space

for passenger's folding wheelchair) and 14 C.F.R. § 382.123 (requirements for stowage of

passenger wheelchairs and other assistive devices) of the Department's regulations for

Volaris’ A320 aircraft. This request supersedes Volaris’ prior request dated May 24, 2012.

Title 14 of the CFR §382.67 requires that foreign carriers ensure there is a priority space in

the cabin of sufficient size stowage of at least one typical adult-sized folding, collapsible, or

break-down manual passenger wheelchair, the dimensions of which are within a space of

13 inches by 36 inches by 42 inches without having to remove the wheels or otherwise

disassemble it new aircraft ordered after May 13, 2009 or delivered after May 13, 2010.

Additionally, any aircraft with 100 or more passenger seats shall have a priority space in the

cabin designated for stowage of at least one folding wheelchair other than the overhead

compartments and under-seat spaces routinely used for passengers' carry-on items.
Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V.

Av. Antonio Dovalí Jaime No. 70, Torre B, Piso 13, Colonia Zedec Santa Fe, C.P. 01210, México, D.F. 1105-2300

Due to its configuration, Airbus A320 aircraft currently operated by Volaris do not have the

priority space in the cabin designated for stowage of at least one folding wheelchair. As a

result, Volaris hereby applies to the Department of Transportation for a determination that

Volaris would provide an equivalent alternative to passengers with disabilities by the

application of the following procedures for handling passenger ́s wheelchairs for its existing

A320 fleet of aircraft ordered after May 13, 2009, or delivered after May 13, 2010, as well

as new and renovated similar A320 aircraft to be added to its fleet. Volaris affirms that, if

the Department grants its waiver request, it will accept and comply with the conditions

imposed by the Department in approving other similar waiver requests for A320 aircraft.

I. Background

14 C.F.R. § 382.67 of the Department's regulations requires that foreign carriers ensure that

new aircraft ordered after May 13, 2009, or which were delivered after May 13, 2010, have

a priority space for a folding wheelchair or assistive device (collectively "wheelchair" for

ease of reading, unless the context indicates otherwise).

Related 14 C.F.R. § 382.123 sets forth the rules for the use of such priority space.

Volaris has recently leased a single aisle Airbus aircraft that are subject to 14 C.F.R. § 382.67

and 14 C.F.R. § 382.123 regulations, which was originally bought by another airline to

operate in Europei

Volaris is also in the process of expanding its fleet by acquiring new aircraft. The order for

many of these aircraft was placed in June, 2007 before the Department issued its Final Rule.

Volaris presently operates a fleet of 22 A319-100 and 19 A320-200 aircraft which are

particularly ill-suited to the retrofit of priority space.

As exhaustively detailed by other carriers, there is simply no practical means of installing incabin stowage space of the required dimensions into single aisle Airbus without removing a

row of seats and/or re-pitching half the aircraft, which may involve expensive and complex

FAA-required 16G and Head Impact Criteria testing and certification.

See, e.g..
Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V.

Av. Antonio Dovalí Jaime No. 70, Torre B, Piso 13, Colonia Zedec Santa Fe, C.P. 01210, México, D.F. 1105-2300

- Application of JetBlue Airways Corporation for Equivalent Alternative Determination with

Respect to 14 CFR § 382.123(c) at 4 (removing a row of seats or variations of asymmetrically

reducing pitch on one-half the aircraft);

- Application of US Airways, Inc. for an Equivalent Alternative Determination With Respect to

14 C.F.R. 382.123(c) at 6 (removing seat rows to accommodate priority space);

- Application of Aerovías del Continente Americano S.A. at 2-3 (removing seat row or repitching to accommodate priority space).

- Application of Virgin America Inc. for an Equivalent Alternative Determination at 2-3

(removing seat row or re-pitching to accommodate priority space)

Indeed, the interior dimensions of A320 aircraft also make the provision of priority space

unsuitable for both brand new and renovated aircraft due to the limited availability of

unused space, as well as the difficulty and high costly solutions for modifying existing cabin

components.

Volaris has spent considerable man-hours and resources exploring ways to accommodate a

priority space in its Airbus aircraft, including (among others) extensive planning, design, and

engineering of a stowage area into the lower galleyii.

Volaris would suffer substantial revenue losses if it was required to remove a three-seat

row in order to accommodate a retrofit in-cabin priority space. Re-pitching the seats on one

side of the aircraft in order to accommodate a priority space would require an expensive

and time-consuming recertification of the aircraft interior, including the engineering

analysis, safety assessment reports and testing required by the necessary FAA

Supplemental Type Certificate.

In addition, it would result in an aesthetically undesirable and asymmetrical pitch difference

between the rows as well as uncomfortably small legroom on the re-pitched side of the

aircraft. It could also result in a need to recertify the aircraft seats used on new aircraft to

meet FAA 16G seat standards and Head Impact Criteria for the reduced pitch.

Volaris also requests that an approval of this application extend to aircraft on firm order as

well as future aircraft orders of these models, provided that the holds do not materially

differ from the holds presently configured for aircraft on order. Volaris also operates a

number of other single-aisle Airbus aircraft that were ordered or delivered prior to the

dates specified in Section 382.67.and Volaris intends to implement the stowage procedures

proposed herein on all of their A320 Airbus aircraft for consistency and ease of training.
Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V.

Av. Antonio Dovalí Jaime No. 70, Torre B, Piso 13, Colonia Zedec Santa Fe, C.P. 01210, México, D.F. 1105-2300

II. Proposed Equivalent Alternative

Volaris has developed a comprehensive procedure that provides an equivalent method of

wheelchair and assistive device stowage that will provide similar accessibility to an in-cabin

priority space requirement for A320 aircraft in Volaris’ fleet.

Volaris hereby proposes to use a portion of the Forward Cargo hold, section 11, as a

designated space for the stowage of up to two wheelchairs in lieu of a priority space.

Volaris will also:

- Use a protective cover, designed by Volaris Maintenance Engineering, for

wheelchairs stowed in the cargo hold;

- Secure wheelchairs to tie-downs in the cargo holds appropriate;

- Provide customers with the flexibility they presently enjoy to check the wheelchair

wherever they prefer and to receive it back wherever they prefer;

- Provide the flexibility to receive the wheelchair at the door of the aircraft upon

landing; and

- Implement checks in existing post-landing procedures to ensure that a costumer's

wheelchair is removed from the aircraft.

If this application method is approved by the Department, Volaris plans to utilize this

procedure as alternative means of compliance.

In addition to the procedure (outlined below), Volaris has designed protective bags (see

Exhibit C) for use with this procedure; special containment straps are also considered. The

straps are webbed nylon of the same strength, material and manufacture as the cargo hold

webbing already used in these aircraft. The bags are constructed of heavy duty vinyl

material. Volaris’ procedure would accommodate up to two standard size non-motorized

wheelchairs on a first-come, first-serve basis. Additionally, the wheelchairs would be

stowed in the hold in terms of 14 C.F.R. § 382.125.

Volaris would allocate this procedure in the: “Prepare your Trip – Travel with us - Special

Requirement” section of Volaris ́webiste www.volaris.com

a. Pre-Flight
Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V.

Av. Antonio Dovalí Jaime No. 70, Torre B, Piso 13, Colonia Zedec Santa Fe, C.P. 01210, México, D.F. 1105-2300

The central focal points of Volaris’ procedure are customer convenience and protection of

any customer's wheelchairs. Volaris’ procedure provides maximum flexibility to its

customers; a customer wishing to transport a wheelchair may notify the airline of his or her

intent at any time following his or her arrival at the airport either prior to check-in, at

check-in, at the gate, or on the jet bridge during pre-boarding. However, Volaris will only

receive the customer’s wheelchair just before boarding the aircraft, in order to assure the

wheelchair is loaded into the plane in a priority position.

Volaris’ Customer Service Team (airport) members ("ASCs") will be trained to accept and

process the customer’s request at any of the four locations described above in order to be

in full compliance with the applicable regulations.

b. Acceptance

Volaris will provide this alternative for up to two wheelchairs or assistive devices, on a firstcome, first-served basis.

In this regard, whenever Volaris receives information that a customer with a wheelchair

desires to pre board or to stow her or his wheelchair in the cabin, a Volaris ASC will meet

the customer and (if applicable) ask whether the customer has any special instructions for

the disassembly/assembly of the wheelchair, in accordance with 14 C.F.R. § 382.129. At

that point, the ASC would manually check the wheelchair and will fill out a form providing

the details regarding the condition of the wheelchair, noting pre-existing damage, and

provide a copy to the passenger.

The passenger would be given a "manual" bag check receipt using a form, where the carrier

employee hand-will write the following details:

- passenger's name,

- flight number,

- destination, and

- location where the item will be re-delivered to the passenger.

Where a passenger requires that the wheelchair is returned at the gate, a "Delivery at

Gate" tag will be affixed to it.
Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V.

Av. Antonio Dovalí Jaime No. 70, Torre B, Piso 13, Colonia Zedec Santa Fe, C.P. 01210, México, D.F. 1105-2300

Volaris’ ASC will also provide the customer with a Wheelchair Disassembly/Assembly Form

that once completed will be physically attached to the wheelchair.

c. Transfer and Disassembly

At the customer's request, a Volaris ASC will transfer the customer to a wheelchair (or

boarding wheelchair, if necessary) until boarding. If the customer's wheelchair is accepted

at the jet bridge or the stair, the customer will be transferred to a boarding wheelchair, if

necessary.

The Volaris ASC will then, if necessary, disassemble the wheelchair for stowage. At the

customer's request, the Volaris ASC will do so in the customer's presence. The customer will

be provided with a receipt.

The same carrier employee who provides the passenger with the receipt for the checked

item is responsible for assuring the wheelchair is placed in the hold.

Passengers would be given the opportunity to bring parts of the wheelchair (e.g., footrests,

arm pads, etc.) on-board with them. Such parts would be treated as assistive devices (i.e.,

they would not count against the carry-on baggage allowance).

d. Protection and Stowage

After providing the passenger with a receipt, the same carrier employee would fold or

break-down the wheelchair in accordance with instructions (if provided).

Once disassembled, the wheelchair will be stowed in the protective bag and delivered to

ramp operations personnel for loading.

Each Volaris aircraft used in operations to/from the U.S.A. will be equipped with two such

protective bags, marked as fragile.

The bagged wheelchair will be horizontally stowed by Volaris personnel (or Ground Handler

supplier personnel where applicable) in Forward Cargo Compartment Section 11 in the

A320 cargo holds (divided from Section 12 by netting) using straps to tie it down (See

Exhibit D). These straps will be labeled to identify them as equipment to remain in Section
Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V.

Av. Antonio Dovalí Jaime No. 70, Torre B, Piso 13, Colonia Zedec Santa Fe, C.P. 01210, México, D.F. 1105-2300

11 of the forward hold. The straps will be connected to built-in tie-down points in the floor

of Section 11.

If two wheelchairs are presented for stowage under this procedure, they will both be

secured to the floor and adjacent to one another. Volaris' Ground Operations Manual will

include instructions on the use of these straps to secure wheelchairs, and Volaris Ground

Service Agents (GSA) and appropriate third party ramp personnel will be trained in their

use.

Under this procedure, Volaris will designate Forward Cargo Compartment Section 11 on a

fleet-wide basis as exclusive stowage space for wheelchairs and strollers when they are

transported under these procedures. No passenger bags or other cargo or equipment other

than wheelchairs, strollers and company mail (documents) will be placed in this cargo hold

section. In the event that space in Section 11 becomes an issue, wheelchairs will take

priority over strollers, which would then be placed with baggage in the main cargo bin.

e. Transport

Once the wheelchair is stowed, the ASC will notify the Purser (lead Flight Attendant) that

the item has been stowed in the front of the hold and will be delivered on a priority basis to

the jet bridge (or other location, such as the baggage area, at the customer's request) upon

arrival at the customer's destination, and the Purser will notify the customer. The ASC will

also enter a notation in Volaris’ reservations system or contact the destination airport

Volaris operations personnel directly, so that the station at the customer's destination is

aware that there is a wheelchair in the hold.

The responsible Ground Service Agent (or ASC) would then inform the destination station

that a wheelchair, subject to these policies, has been stowed on the flight so that it receives

priority unloading and treatment.

This notification will also include the specific location at which the customer has requested

the wheelchair be returned to the customer upon landing.

f. Return

When the aircraft arrives at customer ́s destination, Volaris station personnel will arrange

for the wheelchair to be removed from the hold on a priority basis as the first item(s)
Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V.

Av. Antonio Dovalí Jaime No. 70, Torre B, Piso 13, Colonia Zedec Santa Fe, C.P. 01210, México, D.F. 1105-2300

removed from the hold, and promptly delivered to the requested location. These tasks will

be assigned to the ASC or ASCs assigned to attend the aircraft prior to the aircraft's arrival,

and designated as highest priority. Upon delivery, the wheelchair will be removed from the

protective bag and reassembled (if necessary) utilizing the customer's instructions

previously attached.

Additionally, as a backup check, the flight Purser will confirm that the wheelchair has been

unloaded and delivered to the passenger.

g. Damage

In the unlikely event that a wheelchair is damaged while in Volaris's care, Volaris will

reimburse the customer for the reasonable cost of repair and for the reasonable cost of a

rental replacement of like kind and quality wheelchair during the time required for repair of

the customer's wheelchair. Each Volaris station will also maintain contacts of local

wheelchair rental facilities, and Volaris will arrange for a temporary replacement for the

customer, or, at the customer's preference, reimbursement if the customer chooses to

make his or her own arrangements.

Pursuant to 14 C.F.R. § 382.131, Volaris will reimburse a customer for loss, damage, or

destruction of a wheelchair up to the original purchase price of the device.

h. Training

Volaris Customer Service Team (airport) members ("ASCs") will be trained to accept and

process a wheelchair in accordance with these procedures.

Volaris will also provide training to other personnel involved in this procedure to ensure

that it is correctly followed and that wheelchairs and assistive devices are properly

protected and stowed.

III. Justification

Volaris’ proposal clearly meets the Department's standards for grant of an equivalent

alternative determination as Volaris’ proposed alternative will "provide substantially

equivalent accessibility to passengers with disabilities than compliance with a provision of

the rule". Final Rule at 27647 (May 13, 2008). The Department adopted the priority space
Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V.

Av. Antonio Dovalí Jaime No. 70, Torre B, Piso 13, Colonia Zedec Santa Fe, C.P. 01210, México, D.F. 1105-2300

requirement as initially applied to carriers operating under Part 121 for two main reasons:

first, for the passengers' convenience, in order to have the wheelchair close by when

deplaning and to be able to get as close to the aircraft as possible in one's own wheelchair

before enplaning; and second, to help prevent damage to, or loss of, wheelchairs along

with the "bulk" of general passenger checked baggage. Final Rule at 27626.

Under Volaris’ proposed method, a passenger would, in fact, be able to get as close to the

aircraft as she or he desired in her own wheelchair before checking it, and it would be far

better protected from damage, being placed in a protective bag and secured in a dedicated

area of the cargo hold, and it would be promptly returned to the passenger at a location of

their choosing.

Volaris’ proposal also exceeds the treatment now required to be given to wheelchairs that

must be checked under Department regulations. Section 382.125(c) requires the "timely

return" of such items to a passenger, while Section 382.125(d) requires that wheelchairs

and assistive devices be "among the first items retrieved from the baggage compartment".

Volaris’ proposed method would ensure that the wheelchair is the first item removed from

the cargo hold of the aircraft, and that it is available to the customer as soon as she or he

deplanes.

Grant of this equivalent alternative application will serve the public interest. Volaris’

proposed accommodation meets the criteria set forth in the Department's final rule and

"provides substantially equivalent accessibility" to Volaris' customers. 14 C.F.R. § 382.3." In

order to be viewed as an equivalent alternative, a policy, practice, accommodation, or piece

of equipment must really provide substantially equivalent accessibility to passengers with

disabilities than compliance with a provision of the rule." Final Rule at 27647 (discussing 14

C.F.R. § 382.10). Additionally, grant of this application will entail a significant cost savings to

Volaris.

As noted above, Volaris' aircraft were ordered well in advance of the publication of the

Department's Final Rule, and Volaris faces significant expense and practical challenges in

changing its long-standing aircraft orders to comply with a requirement not in effect at the

time their aircraft orders were placed

It is important to point out that Volaris will not be forced to reconfigure its aircraft cabins,

either by removing a row of seats, or by reducing the pitch of half of the seats after
Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V.

Av. Antonio Dovalí Jaime No. 70, Torre B, Piso 13, Colonia Zedec Santa Fe, C.P. 01210, México, D.F. 1105-2300

emergency exits, recertifying those seats to the l6g standard at the new pitch, and creating

a fleet of aircraft with undesirable asymmetrical seating layouts .

Finally, this application is substantially equivalent to the April 9, 2010 Application of

Aerovias del Continente Americano S.A. Avianca for an Equivalent Alternative

Determination, the November 2, 2010 Application of Virgin America Inc. for an Equivalent

Alternative Determination, and the May 4, 2012, Application of LAN Colombia for an

Equivalent Alternative Determination, all of which were approved by the Department.

Therefore, no novel issues presented by this request, and the Department's approval will be

entirely consistent with these precedents as well as the intent of 14 C.F.R. § 382.10.

Volaris will provide additional data and information to the Department upon request, and

respectfully requests the Department's prompt consideration of this application.

Best regards,

Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V.

/s/ James Nides

James Nides

Chief Operating Officer

i

See A320 LOPAs for referred aircraft at Exhibit A. These LOPA cover A320 aircraft msn 4741 presently in Volaris' fleet in

a 174 seat main cabin configuration.

ii Specifically, Volaris explored a means of removing two galley carts from under the galleys installed in its fleet in order

to stow a wheelchair horizontally. However, this proved to be unworkable as the wheelchair would extend beyond the

galley and into the aisle, creating a safety risk as well as increasing the likelihood of damage to the wheelchair.
EXHIBIT  A

   
LAY OUT PASSENGER ARRENGEMENT MSN 4741
EXHIBIT  B

   

EXHIBIT  C